Written Answers Friday 17 July 2009

Scottish Executive

Environment

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will list the nature conservation orders made since 31 March 2005, showing the date made, purpose of order, extent of order and the Sites of Special Scientific Interest or European wildlife sites affected.

Roseanna Cunningham: The two Nature Conservation Orders which have been made since 31 March 2005 are listed as follows:

  1. Firth of Forth NCO 2006, 18 October 2006:

  To prohibit the collection, gathering or harvesting of cockles for any purpose other than for personal use or for scientific purposes. This Order applies in eight separate areas covering a total of 3,222ha within the Firth of Forth SSSI and Special Protection Area (SPA).

  2. Culbin Sands and Findhorn Bay NCO 1995 Amendment Order 2006, 18 October 2006:

  To amend the 1995 Nature Conservation Order in order to prohibit the collection of shellfish other than for scientific purposes and prohibit the collection, gathering or harvesting of cockles for any purpose other than for personal use or scientific purposes. This Order applies in two areas covering a total of 910ha within Culbin Sands, Culbin Forest and Findhorn Bay SSSI, Culbin Bar Special Area of Conservation (SAC) and Moray and Nairn Coast SPA.

  Further information on these Nature Conservation Orders is available on Scottish Natural Heritage’s website via the following weblinks:

  Firth of Forth:

  http://gateway.snh.gov.uk/portal/page?_pageid=53,910305,53_910314&_dad=portal&_schema=PORTAL&PA_CODE=10231&NEW_WINDOW=false

  Culbin Sands & Findhorn Bay:

  http://gateway.snh.gov.uk/pls/portal/Sitelink.Show_Site_Document?p_pa_code=10226&p_Doc_Type_ID=34

Environment

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will list the nature conservation orders that have ceased to be in force since 31 March 2005, showing the date made, purpose of order, extent of order and the Sites of Special Scientific Interest or European wildlife sites affected.

Roseanna Cunningham: Two Nature Conservation Orders (NCOs) have ceased to be in force since 31 March 2005. These are listed as follows:

  1. Firth of Forth Special Nature Conservation Order 2003, made on 31 March 2003 and revoked by the confirmation of the Firth of Forth NCO 2006. The purpose of the Order was to prohibit the collection, gathering or harvesting of cockles for any purpose other than for personal use or for scientific purposes. This Order applied in eight separate areas covering a total of 3,222ha within the Firth of Forth SSSI and Special Protection Area (SPA).

  2. Muirkirk Uplands (No. 2) Order 2001, made on 09 March 2001; and Muirkirk Uplands (No. 2) (Amendment) Order 2001, made on 27 November 2001. These covered 132ha of the Muirkirk Uplands SSSI and Muirkirk and North Lowther Uplands Special Protection Area. Their purpose was to prevent damage to the land by drainage, cultivation, burning, cutting and/or removal of vegetation, dumping or spreading of materials, use of vehicles likely to cause damage, and changes to the grazing regime.

Environment

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will list the land management orders made since 31 March 2005, showing the date made, purpose of order, extent of order and the Sites of Special Scientific Interest or European wildlife sites affected.

Roseanna Cunningham: No Land Management Orders have been made since 31 March 2005.

Environment

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive how many land management orders have been proposed by Scottish Natural Heritage to be made by ministers since 31 March 2009.

Roseanna Cunningham: Scottish Natural Heritage has not proposed any Land Management Orders since 31 March 2009.

Environment

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether Rural Development Contracts - Rural Priorities qualify as management agreements for the purposes of section 29(3) of the Nature Conservation (Scotland) Act 2004.

Roseanna Cunningham: Rural Development Contracts do not qualify as management agreements for the purposes of section 29(3) of the Nature Conservation (Scotland) Act 2004.

Environment

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will list the prosecutions that have been brought under section 19 of the Nature Conservation (Scotland) Act 2004 and the outcome in each case.

Roseanna Cunningham: A list of the prosecutions which have been brought under section 19 of the Nature Conservation (Scotland) Act 2004 is as follows.

  1. Upper Solway Flats and Marshes SSSI, SPA, Ramsar and Solway Firth Special Area of Conservation, Dumfries Sheriff Court (2007). A land owner was charged and prosecuted for dumping and spreading hardcore for the purposes of forming a vehicle track without the required consent from Scottish Natural Heritage. The Court invited the guilty party to voluntarily restore the damaged feature before returning for sentencing. The habitat was restored and the Court issued an admonishment.

  2. Shingle Islands SSSI and Special Area of Conservation (SAC), Perth Sheriff Court (2007 – 09). The charge related to the carrying out of works to extend a flood embankment through the Shingle Islands SSSI without consent from Scottish Natural Heritage. On the basis that the prosecution failed to bring forward evidence that the accused required to be granted consent by Scottish Natural Heritage, the Court found that there was no case to answer.

  3. Slamannan Plateau SSSI & Special Protection Area (SPA), Falkirk Sheriff Court (2007 - 09). This site hosts over 50% of the GB population of wintering Taiga bean geese. The charge related to the erection of a large farm building within the SSSI without consent from Scottish Natural Heritage. Following the case being heard in court (intermediate diet) the Procurator Fiscal convened a meeting with Scottish Natural Heritage to explore aspects of the case and any satisfactory alternatives to prosecution. After a potential alternative was identified and proven to be successful, the procurator fiscal closed the case.

  4. Arran Northern Mountains SSSI and Arran Moors SSSI; Arran Moors SPA, Kilmarnock Sheriff Court (2008). Charges were brought for intentional or reckless damage to the SSSI after a fire was started. The Court reached a guilty verdict, sentencing the guilty parties to community service.

Environment

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will list the prosecutions that have been brought since November 2004 under regulation 18 of the Conservation (Natural habitats, &c.) Regulations 1994 (as amended) and the outcome in each case.

Roseanna Cunningham: I am not aware of any such prosecutions.

Environment

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will list the restoration orders made under section 40 of the Nature Conservation (Scotland) Act 2004 following damage to (a) Sites of Special Scientific Interest and (b) European wildlife sites.

Roseanna Cunningham: No restoration orders have been made by the courts in relation to Sites of Special Scientific Interest or Natura 2000 sites under section 40 of the Nature Conservation (Scotland) Act 2004.